epartners Attorneys-at-Law

Product safety in mechanical engineering: the rules of the game

info@epartners.ch — Tue, 14 Feb 2012 00:00:00 +0000

In his new epartners newsletter, Christoph Isler illustrates the relevancy of harmonized technical standards and describes the rules of Swiss law regarding the resolution of conflicts between manufacturers and the relevant supervisory authority.

> Read the article "Product Safety in Mechanical Engineering: the rules of the game between producer and authority"

New generic top-level domains

info@epartners.ch — Mon, 09 Jan 2012 00:00:00 +0000

In an article that was published recently, Alexander Schmid gives an overview over the application procedure set up by ICANN with respect to new generic top level domains and explains what companies not applying for a gTLD should do to safeguard their rights.

> Read the article "New generic top-level domains – an overview"

White paper on outsourcing strategies

info@epartners.ch — Fri, 28 Oct 2011 00:00:00 +0000

Dr. Urs Egli has published a white paper on the evaluation of outsourcing strategies. The white paper sets out the pros and cons of outsourcing strategies with a special focus on IT governance issues.

> Read the article "White paper on outsourcing strategies"

Assembly and installation of plant parts - obligations of the purchaser

info@epartners.ch — Mon, 03 Oct 2011 00:00:00 +0000

The September 2011 issue of the epartners Newsletter Plant Engineering and Construction discusses the obligations of the purchaser in connection with the assembly and installation as well as the commissioning in plant construction projects. It further discusses the rights of the contractor in case of a breach of such obligations. (The newsletter is written in German.)

> Read the article "Assembly and installation of plant parts – the purchaser has obligations, too"

Jurisdiction clauses in terms & conditions used on e-commerce sites

info@epartners.ch — Mon, 11 Jul 2011 00:00:00 +0000

A recent verdict of the appellate court of the Canton of Grisons questions whether the common way of including jurisdiction clauses set out in general terms and conditions in e-commerce checkout processes (i.e. the inclusion of general terms and conditions containing such jurisdiction clauses via a checkbox) are sufficient in light of the statutory requirements with respect to the form of such jurisdiction agreements. Together with a co-author, Alexander Schmid has critically analyzed and commented the verdict in an article published in Jusletter.

> Read the article "Jurisdiction clauses in agreements that are concluded via a website"

Liability clauses in IT agreements

info@epartners.ch — Wed, 29 Jun 2011 00:00:00 +0000

Using a decision of the Swiss Federal Supreme Court as the backdrop, the June 2011 epartners Newsletter IT analyses the statutory liability of IT suppliers and explains why and in what way the business model of IT suppliers should be taken into account when drafting liability clauses for IT agreements. (The newsletter is written in German.)

> Read the article "Liability clauses in IT agreements"

Dr. Urs Egli gives a presentation at the three countries' meeting of the German Association of Law and Informatics

info@epartners.ch — Thu, 16 Jun 2011 00:00:00 +0000

At the three countries' meeting of the German Association of Law and Informatics in Vienna on 17 June 2011, Dr. Urs Egli gives a presentation on the topic "Best Practic: IT-Governance".

Bank guarantees in plant construction projects - absolute security?

info@epartners.ch — Tue, 14 Jun 2011 00:00:00 +0000

A new epartners newsletter covers bank and insurance guarantees in the context of plant construction projects. Such guarantees are a common tool used to control project and counterparty risks. The security of the purchaser comes at the price of the limitation of the supplier's freedom to act however. The newsletter pleads for moderate requirements as to the kind, amount and temporal validity of such guarantees. Furthermore, the newsletter addresses the most critical requirements as to the form of such guarantees. (The newsletter is written in German.)

> Read the article "Bank guarantees in plant construction projects - absolute security?"

Dr. Urs Egli interviewed as Internet expert by Swiss national radio and television channels

info@epartners.ch — Tue, 14 Jun 2011 00:00:00 +0000

Dr. Urs Egli was interviewed by the national italian language radio and TV channels on June 8, 2011 and June 10, 2011, respectively, regarding the firing of a trainee over statements made by her on Facebook. The case was discussed earlier that week by various media.

Purchaser cooperation obligations in software implementation projects

info@epartners.ch — Mon, 28 Mar 2011 00:00:00 +0000

In a recent judgment, the Swiss Federal Court has decided what the cooperation obligations of a purchaser in a software implementation project are. The decision is of great importance for the IT sector. It clearly states that the parameterization of software and the creation and validation of models relating to the migration of data are services that may only be duly rendered by the supplier in cooperation with the purchaser. This holds true even if the agreement does not explicitly provide for such cooperation obligations of the purchaser.

> Read the article "Purchaser cooperation obligations in software implementation projects"